When you lose a loved one your world is turned upside down. As your heart is wrenched out from you; you are left with the task of first attending to funeral arrangements and then to manage and settle your loved one’s estate. This is extremely difficult for a family and I have listed a few bullet points to help you be prepared and give you some guidance in what may seem an overwhelming undertaking.

 When you are ready to begin this process, you will need to do the following:

  1. If there was a will find the original or if you have a copy find the attorney who prepared the will and contact them to obtain the original.
  2. If there is a will, whoever is named the executor(male) or executrix (female) , must contact an attorney of their own choosing to prepare a probate petition and file the necessary documents to name the executor to receive the letters of testamentary to marshal the assets and distribute the estate as indicated in the will.
  3. You need original death certificates
  4. You need a paid funeral bill.
  5. If you know something about the decedent’s finances, make a list of all the properties assets – such as bank accounts, brokerage accounts, life insurance, debts (such as mortgage, credit cards, loans), any retirement accounts, IRA’s, and annuities.
  6. Take a personal inventory of the personal property, particularly if there are any collectibles, memorabilia or jewelry. If there is a car try to obtain the title.
  7. Immediately contact social security and any pensions or retirement plans and advise them of the recipient’s death. Do not use any of these monies after the date of death.
  8. If you have a safety deposit box you must arrange for an opening of the safety deposit box with your attorney through the surrogate’s court.
  9. If there is no will and there are assets in the name of the decedent you will need to file an administration preceding. Usually the person who is the beneficiary or closest to the deceased is the person who will file for an administration proceeding. You will be named as administrator and receive authority so you can marshal the assets and distribute the estate pursuant to the estate laws of the State of New York.
  10. The attorney will need a family history/family tree, as well as the names and addresses of              anyone named in the will or is next of kin as well as a death certificates or divorce judgment if the decedent was married

If the executor does not have access to a bank account to maintain the home or properties and pay bills preliminary letters may be necessary. Your attorney should explain your role as an administrator or executor. There will have to be an accounting of all bills and debts paid as well as a listing of all monies that comprise the estate. There may also need to be estate tax returns to file as well as a personal return for the year the decedent died.

In this difficult time choose an attorney who explains the process and keep you informed every step of the way. At the DePalo Law firm I send all correspondence and emails to the client as well as any court documents I received. I or a member of my firm answers any questions and responds quickly to emails and phone calls. I realize what a stressful time this is and that you are still in the process of grieving. Careful time and attention is given to each case and client and I will be with you through it. It may seem like a daunting task but it is done one step at a time.